Copyright in the digital age: a guide for librarians

Dr Jane SeckerLSE Centre for Learning Technology Heron User Group Committee/ UUK Copyright Working Group

Glasgow Caledonian University9th September 2011

Photo from Flickr by muir.ceardach Licensed under Creative Commons

Overview of talk

• Introduction to copyright law in the UK including what it is, what is covered etc.

• Copyright and the internet• Licensing schemes• The CLA Licence• Copyright and e-learning – best practice

Copyright and UK law

Copyright Designs and Patents Act 1988 full text on HMSO website

Plus subsequent statutory instruments that also need to be consulted

Example amendments - October 2004 - The Copyright And Related Rights Regulations 2003, SI No: 2498 implemented Directive 2001/29/EC aimed to harmonize certain aspects of copyright across the member states

What is copyright?

Part of a wider set of intellectual property rights Copyright is a set of rights to protect the intellectual

content of a work Gives the owner certain exclusive rights such as to

copy the work, to make derivative works Can be transferred, sold or leased Moral rights are the right to be identified as the

author, not to have derogatory treatment of your work etc.

What is covered?

For a work to be subject to copyright it must: be original be fixed (important in electronic environment) the author must be a qualified national (from a country

that recognises copyright law) Copyright covers literary works, dramatic works,

artistic works, photos, maps, works of architecture, musical works, broadcasts, typography, films, websites, even e-mail messages

Databases are covered by database rights

Who owns copyright and what is protected?

The author usually owns copyright in a work However, copyright can be bought, sold, leased etc. Literary work – usually person who creates work Sound recording – producer Films – producer and principal director Broadcast – person who transmits broadcast Works created as part of your employment are owned by

your employer Students own copyright in all their work unless there is a

written agreement to transfer rights.

Limitations to copyright

Quantity Copyright protects substantial part of work, therefore

using ‘insubstantial part’ is not infringing Duration

Normally lasts 70 years from death of author If author unknown 70 years from when created or published Crown copyright – 125 years Sound recordings – 50 years from year made Films – 70 years from death of the last of the director, screenplay

author, composer etc Broadcast – 50 years since broadcast Typography – 25 years

Permitted Acts / Copying

The permitted acts are defences in a court of law they are not rights

‘Fair dealing’ permits copying: No definition of ‘fair’ but 10% suggested by publishers for ‘research and private study’ (must be non-commercial research) for criticism and review for reporting of current events

Self service copying usually comes under fair dealing and libraries are generally not liable for copying by users if provide copyright information at photocopiers / scanners

Copyright and the Internet

Information on the internet is subject to copyright like any other information

Websites can be copied in accordance with fair dealing unless there is a explicit licence or conditions

Implicit licence would allow you to view and print for personal use

If websites have licence, usage must be subject to this e.g. Guardian website - http://users.guardian.co.uk/help/article/0,12908,933909,

00.html

You may download and print extracts from the material and make copies of these for your own personal and non-commercial use only

Linking to other websites Different types of links: surface links, deep links,

embedded links, frame links Ensure links to external sites open in new windows

to avoid ‘passing off’ site as your own If you want to download material will need to check

copyright statement on website Will need to request permission unless terms and

conditions specifically allow downloading / multiple copying

National Archives allow reproduction but not images British Library allow re-use for non-commercial purposes

Creative Commons• A standard set of licences that can be used by

content creators to licence re-use• ‘some rights reserved’• A great way of finding resources for teachers

Flickr CC Creative Commons search engine Searches Google, Flickr, Yahoo, Blip.tv and more to find

Creative Commons licensed media• More details at: http://creativecommons.org/

Open educational resources

• If licensing materials under creative commons need to check for content you might not own

• May need to remove or replace images• May need to get permission to include

institutional logos• More complex than first anticipated at outset

of DELILA project

Licences and licensing schemes• Licences are legal contracts and should not limit what

copyright law permits• Licences usually allow you to go beyond the law

– For example the CLA Licence is designed to allow you to go beyond what the act permits in terms of making multiple copies for teaching

• The use of many electronic resources is governed by licences• Other licensing schemes include:

– Educational Recording Agency (ERA Licence)– Newspaper Licensing Agency– Open University (separate licence needed)– Click and Use Licences (for some crown copyright materials)

The Copyright Licensing Agency (CLA) HE Licence

The CLA Higher Education Licence HEIs pay annually for a licence to cover photocopying

and scanning Mainly covers copying by lecturers but also printed

course packs are covered since December 2002 Allows multiple copying of most UK publications

(excluded list for works not covered) 5% of a work, 1 chapter, 1 journal article

More information on CLA website: http://www.cla.co.uk/ Guidelines, excluded works list and participating US

publishers

The ‘new’ licence• Higher Education Licence currently in a basic and

comprehensive form to cover:– Paper to paper - photocopying– Paper to digital - scanning– Digital to digital (comprehensive licence)

• The licence will ‘roll-over’ from 31st August 2011 for 1 year as agreement could not be reached

• Negotiations between UUK / CLA for a new licence resume next month

• Anticipated the licence will be broadly similar• Some minor reporting reductions agreed• Annual returns to be completed in May not August

Terms of the licence• Original work must be owned by HEI or you must purchase a copyright fee

paid copy• Must include a copyright notice with digital material including

bibliographic details and course details• Access to digital readings should be restricted to students on a course of

study – use in VLE was anticipated although reading list systems permitted if you collect usage stats

• CLA assume that service will be managed by libraries, and only “designated” staff should undertake scanning

• Requirement to include the scan authoriser on the copyright cover sheet• Now includes UK publications, participating US publishers and some

overseas countries• Can scan images and can dis-embed images but must include copyright

header sheet and can’t build up an image collection under this licence

Reporting Requirements• Data returns to be submitted to CLA on spreadsheet

including full details of all items scanned / digital originals used including:– ISBN / ISSN / Year of publication / Volume if a journal– Author– Page numbers– Course details – course title, code, duration in weeks, student

numbers– If a digital copy exists and decision made to scan must specify why this

was done from a range of options– Whether scanned from an original or copyright fee paid copy– Details of any artists if images are scanned and if disembedded

Other details

• Reporting data is passed to publishers who are very concerned about the licence impacting on primary sales

• CLA may follow up if you report items not covered by the licence, exceeding limits, but data is not used for infringement cases

• Must allow CLA to audit VLE and other systems on request

CLA Audits• In 2008 LSE underwent a CLA Audit• CLA provide a list of files to be examined during visit:

– check for copyright header sheet– compare to originals in library collection– Check images for copyright header sheet

• Checklist of other requirements including:– Copyright notices at all public access scanners– Demonstration of access to readings via the VLE: authentication

procedures for secure network– Disciplinary procedures if staff / students breach copyright– List of designated staff who can scan– Written scanning procedures / weeding policy

Scanning at LSE - background• LSE have run an e-course pack service since 1999

linked to e-learning• LSE Centre for Learning Technology managed this

service until 2009 but then handed this over to Teaching Support in the Library

• Currently rarely get permission for material outside the CLA Licence

• Services very popular with staff and students• Service scaled up following launch of trial scanning

licence in 2005 and further after 2008 licence

The licence in practice at LSE• Library manage the service – all requests to

epacks@lse.ac.uk • All courses in the VLE able to request scanned

readings – should covered by the CLA licence• Files are made available on a secure server (not in

VLE)• Links to the files are sent to the appropriate lecturer

who adds the link to the online reading list in the VLE• Use the Packtracker database to record details of all

items that are being scanned• Now staffed by Teaching Support team in Library

Growth in number of readingsYear 2004-5 2005-6 2006-7 2007-8 2008-9 2009-10 2010-11

Number of Packs

55 123 222 242 309 489 540

Number of extracts

784 1535 2260 2549 3465 5518 6724

Cost of Copyright clearance and BL fees

£38305 £23916.44

£21459.57 £28100.35 £8131.89 £8541.59 £13659.32

CLA Trial Licence CLA HE Licence

Delivery of scanned readings• Scanned readings delivered via a reading list in

Moodle• Most courses use weekly reading lists • Password protected at two levels (by VLE and on

library server)• Reading lists also contain links to e-journals and

websites on reading list• Run training for lecturers and Moodle editors on

creating a reading list using a web page in Moodle and a file template

• More information on CLT website

• Some things that can help– Advice and training– Institutional policies– Broader staff development– Supportive services– Systems– New tools?

• For new and existing staff• For academic and learning support staff• Role of guides, leaflets

• Copyright and staff / student regulations• Conditions of use of IT facilities• Terms of use for:

– The VLE– Other systems e.g. lecture recording systems

• Copyright can be covered in other ‘digital literacy’ training sessions

• Images and multimedia good topic• Consistency across training providers• Key programmes e.g. PGCerts to cover

copyright issues• Practice what you preach!

• Helpful and complementary services for scanning and course pack production

• Digitisation of radio / TV broadcasts under ERA Licence

• Copyright advice and guidance on hand

• Systems to manage the permissions process (and reporting) e.g. Packtracker

• Use of repositories• Linking to resources using DOIs and other

stable links• Rights metadata associated with digital

resources• Discouraging of use of the VLE as a file store

area!

• VREs and document sharing across institutions• Technology

– Increasingly use of web 2.0 applications– Lecture recording– Virtual worlds– E-books, tablets, e-readers

• Might we see movement on educational copying - Hargreaves review?

• The new CLA Licence• OER movement gaining popularity

– New tools e.g. Xpert• Open access movement well established

• Who is liable if academics infringe copyright in your VLE?

• What are the risks to your institution? To you personally?

• What is your risk management approach?

Conclusions

• Copyright a complex area and advice not always welcome!

• Increasing awareness of copyright issues through movements such as Creative Commons and OER

• Extremely difficult to ‘police’ the VLE but services and support need to reflect your institutional approach to managing risk

Any questions?

Dr Jane SeckerCopyright & Digital Literacy AdvisorCentre for Learning TechnologyLSE

e-mail: j.secker@lse.ac.uk Twitter @jseckerBlog: http://elearning.lse.ac.uk/blogs/socialsoftware